36-6-222 - Declining jurisdiction Inconvenient forum. - Tennessee Statutes

36-6-222. Declining jurisdiction Inconvenient forum.

(a)  A court of this state which has jurisdiction under this part to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or request of another court.

(b)  Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:

     (1)  The length of time the child has resided outside this state;

     (2)  The distance between the court in this state and the court in the state that would assume jurisdiction;

     (3)  The relative financial circumstances of the parties;

     (4)  Any agreement of the parties as to which state should assume jurisdiction;

     (5)  The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;

     (6)  The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence;

     (7)  Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child; and

     (8)  The familiarity of the court of each state with the facts and issues in the pending litigation.

(c)  If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child-custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

(d)  A court of this state may decline to exercise its jurisdiction under this part if a child-custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.

[Acts 1999, ch. 389, § 23.]